Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-06
INFoR NATION
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OWNERS AND LOCAToRs
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MI i M T. 81
APPLICATION FOR PATENT.

APPLICATION FOR PATENT,
mnere papers have once been filed with a.
REGISTER and receiver they become a na..Ns
'ne record, and can neither be withdrawn
ae.1Ineu, put must be transmitted to the G%sOf
An application will be rejected when m.
sufficient.
Application for patent will be reiec,.a
cause: io'eo'ed be-
First The notice was publisbed w,,,ou..
knowledge of the Register, u'hs
notice was not published IN.
newspaper designated as published n~earestt..
Third-Record title was found defect,
Fourth--A previous application had H.
msoe Ior the same premises, which was w,N
drawn pending 9 suit in Court Commences y
the adverse claimant. .?
An application for patent vii, Ia .,
when the survey does not accuratelv dasyoosd
boundaries OF the claim, ne'ae
Where the claim was not located In .coo.s
ance with law. seooro'
Where several parties own separate and AZ.
tinct portions OF Q claim, npnlics,iou as-
patent may be made by either for IN a. ~
OF the claim owned by him: but whera $500
parties own undivided interests in : o,e.ai
claim ell should Join in an application sors
patent.
A person or association nav nnroh.
many placer locations ~ the local Law .dm,ts
and embrace them all in one application for
patent.
Two or more lodes cannot be embraced !,
one application for o patent except for nIsoa.
claims embracing two or more lodes withsr
their boundaries AA
Papers sworn to before any person purport.
ing to act as q deputy for the Register and Re.
ceiver canno be recorded a. evidence
In all patents for mining cl.ins s,,r..oa
within the interior boundaries az . ,own 80
O clause Is inherited Excepting and eYolndino
sl town property, rights upon the sursscs
and all houses, buildings, structures. lots
blocks, streets, alleys or other municipal I'M
provements not belonging to the grantee bara
in, and all rights necessary or proper 10 Tho
occupation, possession and enjoyment Of the
same"
Publication of notice must be made n or,,
one newspaper for the period of 60 days
Notice must be published 10 consecutive
weeks In weekly newspapers, and In daily
newspapers so days must elapse between The
fret and last insertions.
Where the Register design ties the daily issue
Of q newspaper fer publication of notices Of /.
mining application for patent it 10 not a com.
plisnce with law to change to the weekly sdi-
uon OF the same paper without authority Of
the Register.
The existence Of . salt spring on 9 tract Of
land withdrsws 1t from the operation of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character OF such land Is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADvERsE CLAIMS.
Adverse claimants must Ale q separate and
distinct claim against each application which
1t Is alleged conflicts with the premises owned
by such adverse claimant.
tn papers IN an adverse claim, once filed,
cannot be Withdrawn. but becomes a part Of the
record.
When an adverse claim has been fled it can.
| mot ha amauhad ao n a 20 ar,brara q Iaroar -
tion OF the promises than that described In the
original adverse claim.
An adverse claim must be made ont in
proper form and filed in the proper local Office
during the period Of publication OF the appli.
cation for the patent to be effective.
1t 10 the duty Of the adverse claimant o
suit in proper form within the re-
CURED time, and If he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure TO commence suit be the result OF
the o rrupto or dishonest action of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions OF law, without stating the
facts specially, will not be considered In EVIL
dence.
An adverse claimant should show 8 compli-
ance with the local laws in recording his claim
and In regard to expenditures, and shall ne 9
copy of the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation OF parties to q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is Of little, If any value, for sgri.
cultural purposes, but 10 essential to the
proper development Of mining claims, IL
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled at any time
prior to Issuance OF patent, upon satisfactory
evidence of the existence of such valuable dc.
posits.
Where valuable deposits Of mineral are dis
covered upon o tract sitter the SAINT fas been
en- tered as agricultural, but before I sent has
been issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry will be Cancelled TO
that portion of tho land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued TO an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
| ceived in payment for claims.
ALIkNBs
A foreigner may make q mining location
| dispose OF 1t. provided he becomes Q citizen
before disposiDg of the mine. Proof that the
| party was not Q citizen before disposhng Of o."
| claim must be afirmatively shown.
| Locators and intermediate owners, oiher
than applicants, Will not be presumed aliens,
In the absence Of allegation or objection prior
to issuance Of patent.
Tit portion Of a mining claim sold psn
alien cannot be patented while suoh ownern
an alien; but on his declaration o becomes
citizen his right dates back to his purchaso,
aud he may thereupon secure United s'A'0'
patent for his claim.
GROSS LEDaKs.
Revised Statutes. Section 1886:
Where two or more lodges cross or intefsev,
each other, priority OF title shall govern, ana
such prior location shall be entitled 10 al oie
or mineral contained within the space OF ih.ea.
section. but the subsequent location shall nav
the right OF way through the space OF ln.e,
section for the purpose Of the conveniens
working Of the mine. And where two OF TioiI
veins unite the oldest or prior location shs..
take the vein below the point OF union' IN
GLIDING all the space of intersection.
There is no authority of law for q tunne,
location 5000 by 800 feet. A proper !ocA'oN
- - 80 - ~ a NM "a n